Page:Federal Reporter, 1st Series, Volume 3.djvu/880

SICERACUDX V. MAFES. 873 �SiDERACUDI W, MaPES. (Distriet Oouri, 8. D. New York. , 1880.) �1. PiTjOT— LrABrLftT. — A pilot is responsible to the owner o£ a vessel for �negligence or default in the performance of his duty. �2. Bame — DuTT. — When a pilot taltes charge of a vessel at gea, to bring- . her into port, his duty is to «lay by her, unless discharged, till she �reaclies her destination or some place of safety. �3. Samb — Discharge. — A discharge, however, will not avail him, wlien the �sarae lias been procured by an untrue stàteiuent, though with no ■wrongful intent, in respect to a matter touching the safety of tUe ship, on which theniaster had a right to rely. �4. Same — .ItJiiiSDiCTioîf. — When damage resulta frora such omission of �duty, the pilot is guilty of a marine tort, and is subject for the same to the juriadiction of a court crf adrairalty. �W. Mynderse, for libellant. �G. A. Black, for respondenfc. �Choate, D. J. This is a libel brought by the masfer ot the Austrian bark Jenny against the respondeut, a licensed pilot, to recover damages sustaiiied by the vessel from ice •while lying at anchor in the Hadson river, off Thirty-fourtb street, on the night of February 14, 1879. The proofs show that on that day the respondent boarded the bark at sea, as she was approaching this port, and otfered his services as pilot; that her destination, as then communieated to him, was the Atlantic basin, Brooklyn; that at the quarantin© station, Staten Islaûd, a message from her consignees in the city changed her destination to a berth on the north side of the pier, at the foot of Thirty-Fourth street, North river; that she was in tow of a tug engaged by the master before the pilot boarded her; that when the destination was changed, the services of the tug were secured to take her to her new destination; that the respondent informed the master, when he was toldof her new destination, that, as the tide wonld be on their arrivai at the foot of Thirty-fourth street, she prob ably could not go into her berth until the next day. They pro ceeded to the foot of Thirty-fourth street. They found a good deal of ice along the docks on the New York side of the river^ ����